Cape Cod Injury Lawyer Blog

Most people are aware that there are deadlines for the filing of a lawsuit in a personal injury case. However, simply filing suit within the statute of limitations does not guarantee that a case will be considered in compliance with all rules pertaining to timeliness. There may also be a statute of repose or –…

When a litigant who is unsatisfied with a trial court’s ruling files an appeal, the burden is on that appellant to convince the higher court that a mistake was made in the court below. This can be a difficult task, especially when one of the grounds for the appeal is the alleged bias or favor…

In order to seek compensation from a person or business for injuries caused by negligence, the aggrieved party must file suit within the applicable statute of limitations. In Massachusetts, the limitations period for medical malpractice is three years. In cases in which a statute of repose is also in effect, the plaintiff must also file…

While an insurance company is not obligated to settle every liability action that is filed against one of its insureds, those in the insurance industry do have certain obligations when it comes to the fair handling of claims. A failure to comply with the law in this regard can result in substantial penalties being levied…

The term “hearsay” is sometimes used in everyday language to mean gossip or an unsubstantiated rumor. However, the term has a very specific meaning within the legal context. In the law, it refers to one person’s testimony about another individual’s statement or words. Generally, hearsay statements are not admissible in court, but there are some…

Before a court can exercise jurisdiction over a defendant in a lawsuit, there must be personal jurisdiction – either general or specific. General jurisdiction is much broader, subjecting a defendant to suit in the forum state in all matters, even those that have no direct relationship to the forum state. By contrast, specific jurisdiction exists…

During a jury trial, the judge is required to make a variety of rulings – beginning with the procedure for the selection of the jury and ending with a review of whether the jury’s verdict was supported by the evidence. A party aggrieved by a decision of the trial court judge may file an appeal…

Under Massachusetts law, a person who alleges that his or her physician committed an act of medical negligence must submit an offer of proof to a medical malpractice tribunal in order for his or her lawsuit to move forward. If the tribunal decides that there is not sufficient evidence to support the plaintiff’s claim, the…

When a driver fails to act in a reasonably prudent manner, and someone else is hurt, the negligent driver can be held liable for the injured person’s medical expenses, lost wages, and pain and suffering. Unfortunately, not every at-fault driver has high enough limits on his or her automobile liability policy to pay fair compensation…

Workplace injuries can happen in many different ways. Heavy lifting can cause a back strain or even a herniated lumbar disc. Repetitive motion can trigger carpal tunnel syndrome and ulnar nerve entrapment. A slip and fall accident on a wet floor can cause a broken arm or leg. If a work injury results in an…